Husband hid another child, child support issues....?

Question

DH hid info he was the father of another child. He found out last July. He got served with papers to his old address and a default order entered 3,000 miles away from us for child support. Apparently they took part of his income tax return. All communication has been sent to his Mother's address and he is IGNORING it. He is just going to let them continue to take his tax returns every year for the next 10 years because the child is already 7-8 years old.

He turned in one paper stating he didn't make what they presumed he made so I guess they are going to modify the order to god knows what. I am afraid about the arrears, don't they arrest you if you don't pay on time every month or is there some lead way with times. He just believes it's best for them to take his tax return yearly. Well how does this affect me when we file jointly? Am I liable for any of this at all?
I am in disbelief, and I am afraid for our family. We can't afford $300 a month out of pocket we're on WIC and welfare!

Since the case was opened last summer he hasn't incurred much back arrears aside from Feb-August this year. That's still about $1500 dollars. The exact amount is $259 per month. I just dug the papers out of his drawer to see. So that's about $3100 a year? Our Returns are $4500 on average for 2 children with EIC. He has such good credit them putting anything on his reports hasn't injured him much. His score is in the 700 range still. They haven't directly taken anything from his work yet either. They haven't filed this out of state, they've kept it in the originating state which is what is so confusing! We're not directly there to deal with this issue.

Answer 1

You are in a catch-22

You need to file for EIC, child tax credit but if you file with him, then you will lose it all to the mother of the other child. The alternative is to fill out an injured spouse form so that you can get your taxes back, but you will lose the EIC. Tell him to pay back all back support and keep current. If he has a lot of back support, here is what I recommed:

Fill out the taxes, get the EIC and child tax credit, etc and let them take everything. Yes, this stinks, but doing this will get him caught up, after he is caught up, make him pay his currrent support then, when you file, you will get everything back. The EIC and child tax credit is a lot of money to lose granted but its better than living yearly dealing with him being more and more in debt. As far as arresting/jail. I think some states do that, but not all.

Also, once he is caught up through taxes and payments, you can renogotiate the payments of support. They are not going to be interested in doing so unless the back is being paid off.

Answer 2

No one can answer all of your questions without more information. It seems that you do not have the information also. First, I would suggest that you sit your husband down and tell him that this is a serious issue and you both need to deal with it. Avoiding it isn't going to make things any better. You say the child is 7-8 years old. When was paternity established? From what date was child support ordered? Get a copy of all the orders entered. Determine who is enforcing the order. Most likely it has been referred to your local IV-D child support office for enforcement. If so, contact them and they can at least give you documents. Determine the arrearage. There is no way to know whether a warrant will be issued unless you know how much is owed. Most courts have a threshold. If you are currently paying, and paying toward an arrearage, generally they will not issue a warrant. There is wide discretion in this, however, and it varies from state to state. Establish a realistic payment plan. Getting further behind is not in anybody's interest. Even thought it will be very difficult, try to remember that this money is going for his child. The fact that the child is illegitimate is not the fault of the child and does not make the child eat less or need fewer clothes. If you are angry with anyone, your husband is the one to look to. As for your taxes. I believe there is a hardship form from the IRS which you can fill out to get your portion of any tax return. Speak to a tax professional regarding this. Good luck.

Answer 3

Your husband is a deadbeat father. The thing is, not only will they take the tax return, they will garnish his wages, put liens on your property, possibly put him in jail, and if you have anything of value that they think they can get a good amount of money from (like a car) they will seize it and sell it. The tax return idea is a bad one because he will never be caught up. I seriously doubt you guys get back what he will owe in a year. He will always be in arrears and that will eventually affect his credit rating. They don't just report it once. Some states consider a parent willfully underemployed if they take a job that doesn't pay as much as their previous job. The state will then base child support on the parent's potential earnings, so don't count on child support being lowered. I know this sucks, but your husband has a responsibility to support his child. I'm sorry for your situation.

Answer 4

Here's the way this works. The child support is issued in another state because that is where the child lives. If the two of you file jointly-all the money is gone to pay for his child support. You can obviously file with the IRS for "injured spouse" which will only give you back the amount YOU are entitled to based on the amount you contributed to the taxes. You need to check your states laws regarding default on child support. In Ohio if you are over 30 days behind you lose your driver's license. If you are over $4000 behind they file contempt charges against you and you face 30 days in jail. You married him-if they two of you have a joint bank account they can seize that too. Good luck. You need it.

Answer 5

Yeah this is bad. Really bad. You should not let him just take every tax return, especially if the two of you file jointly. Thats your tax return too. Horrible on your credit rating.

This is a real woman with a real child. I know things are tough for the 2 of you right now but it is for her too. Ignoring a child doesn't make the child disappear and then part of what he is paying goes to the lawyers fee or the deadbeat father organization she has to pay to get any money from the father. Hard to think of your husband as a deadbeat isn't it but if he isn't paying anything towards this child since he found out, that is exactly what he is.

First you need to file the paperwork of what you really make so that it is modified correctly. Once you have a child support order, you need to pay it on time each month. You don't want to be dragged to court, taking time off work, all the time just so that court orders can be placed against you. Not to mention if anytime in the next decade you think you might earn something or get a decent job, she could reassess for more money, and have confiscated the money you haven't paid yet. Start paying monthly.

As to if you are liable--yes. Your husbands debts reflect on you and how he hurts your credit reflects on you. If you file jointly, it's your tax return and if it goes to court, it's on your name as well. You have got to stand up for yourself and not let your husband destroy what little you have made for yourself.

Answer 6

He's definitely not doing the right thing. Like it or not, he has a responsibility to that child as the father.
He owes the money more to the child than the mother.
I'm more bothered by him avoiding the issue and not stepping up and looking to get visitation/custody.
I can understand not being able to afford extra expenses. I'm the only income in my family with 2 childern.
However, I do work 2 jobs, I would work 3 if I needed to to ensure my family's well-being. It's hard. This I understand, as I am there.
More importantly, though is the child he has created before he had met you. That's pretty crappy of him to ignore that child.
You file jointly, and are married. Yes, they can take some of your money too.
I honestly think your hubby needs to grow up, and I think you need to understand that you aren't the only family he has now. He also has a child that odesn't live with you. Like it or not, that child is family. You need to learn this too.

Answer 7

you will have to file an injured spouse form so they cant take your partition of the tax return that's IF your working other than that they can`t take any money you make at a job


if your on welfare they should lower the payment and they may make him get a job if hes not working if he is a paper will be sent to his place of employment for the money to be taken out of his pay check every week or bi weekly depending on when hes payed


IF you feel out the from you will NOT lose the EIC ......I think I know since I have done this.....call H&R block if need be they will tell you the same thing...........

Answer 8

Why would you even be with a man who hid another child and now refuses to have anything to do with him? If teh court finds out what he really makes, they are going to take more than $300 a month from him. Have you thought that if you two divorce, he might do the same thing to you and your children? You want to get out of this situation, then leave him. I don't see this situation doing anything but going downhill.

Answer 9

He hid this child from you, as in he didn't say "hey honey, I've got a kid somewhere that I choose to not man-up and take care of?" Why haven't you filed for divorce? This is a serious default in his character. Be smart...leave his ***.

Answer 10

if your on wic and welfare then it looks like to me he cant take care of you, much less a child. get rid of the loser and get a better life.